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Complex Property Distributions

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At the Men’s Divorce Law Firm we understand that division of marital property can be a difficult part of your case. In Florida, the court will award an equitable distribution. Unlike other states, Florida’s courts require that all marital assets be divided in a fair manner for the particular case, and usually equally. Although most would associate the word property with homes or land, all marital assets will be divided. Examples of different types of property to be distributed would be:

  • Marital Homes
  • Rental or Vacation Homes
  • Retirement Accounts
  • Savings Accounts
  • Life Insurance Accounts
  • Vehicles
  • Artwork
  • Stock
  • Cryptocurrency

Although complex property distributions can be difficult to determine, our attorneys at the Men’s Divorce Law Firm are extremely experienced with such complexities. We strive to ensure that you receive a fair distribution and fight to prevent any significant losses. Contact us today to schedule a consultation to discuss your complex property distributions.

Dividing assets is a difficult process, especially when you have your own business. You worked hard to achieve your business goals. You need to work with skilled legal counsel to protect your goals now and in the future.

Our team of lawyers has extensive experience addressing complex business matters related to your divorce. They frequently work with experts to identify all assets and to determine the value of your business so we can properly prepare for negotiation or litigation.

    1. Permanent periodic. Typically awarded in the form of continuous monthly payments until the death of one of the parties or remarriage of the recipient spouse. Nominal alimony is an award made when there is a demonstrated need and disparity of income, but no current ability to pay. In essence, the award is made with the knowledge that the amount will be modified in the future.
    2. Rehabilitative. This award can be made when the recipient spouse provides the court with a rehabilitative plan. The purpose of a rehabilitative award is to elevate the earning potential of the recipient spouse to one of self-sufficiency thus eliminating the need for long-term support. Rehabilitative plans generally focus on education and/or job training for the recipient spouse and are limited in time and funding, though may be modifiable.
    3. Bridge-the-Gap. Appropriately names, this type of alimony is used to aid in the transition from married life to single life and is meant to provide relief to the recipient spouse for short-term financial pressures. This type of alimony is found in short-term marriages and is limited in duration accordingly.
    4. Lump sum. Awards of lump sum alimony are made when the court makes a finding that they are necessary for support, or for use as an equalizing payment, and that there are circumstances that require that the support be non-modifiable. Lump sum alimony can often be found in the awarding of the marital residence to one party.
    5. Temporary. Alimony that is awarded pending litigation. The court may award temporary alimony after the initial petition is filed based on the parties’ current standard of living and current ability to pay. Temporary alimony may be deemed appropriate by the court even in cases where the final judgment denies alimony.

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    Frequently Asked Questions About Divorce

    I was ordered to pay alimony after my divorce several years ago and I recently lost my job. Can I quit paying?

    An unexpected event such as the loss of your job can be devastating. We, and the court, understand that these things are happening more and more. While ultimately you may be entitled to relief from your obligation, do not use self-help methods. A Petition for Modification must be filed with the court. Relief may be granted retroactively to the time of legally seeking relief, but the obligation continues until a court order is entered.

    My ex-Wife has been living with her new boyfriend for two years and told our kids that she won’t get married because then I won’t have to pay her any more alimony. A friend of mine told me that I don’t have to keep paying because she is cohabiting. Is that true?

    Cohabitation is a consideration for modification of alimony in some circumstances, but not all. Any time that a party seeks to modify a prior agreement, that agreement must be thoroughly reviewed first. It may very well be that the original alimony award was non-modifiable, meaning exactly that. Further, while there is a statutory law that provides relief where warranted in cases of cohabitation, it is the burden of the paying spouse to prove by a preponderance of the evidence that the recipient spouse is in a legally supportive relationship. Just as in the determination of the original alimony award, several factors must be considered, and the facts of each case uniquely applied.

    My Wife had an affair during our twenty-five year marriage so I won’t have to pay her alimony at all, right?

    Marital misconduct adds an emotional element to a situation already wrought with grief and despair. The law states that the court may consider adultery of a spouse when determining the amount of alimony to be awarded. This does not mean that an award will not be entered. The court may consider the circumstances surrounding extra-marital affairs, and especially any dissipation of marital assets that occurred as a result of the relationship. As in all cases involving alimony, the facts of the case will be applied to the statutory facts and a need and ability pay analysis will be conducted.

    I am about to get married and my fiancé and I agree that neither one of us will ask for alimony in the event we decide to divorce. Will a prenuptial agreement protect us?Your Title Goes Here

    Prenuptial agreements can be effectively used to accomplish this goal. There are certain requirements that must be met to make prenuptial agreements valid contracts so the best course of action at this point is to have a qualified attorney draft the agreement for you.